SECTION 460:20-4-8. Conditions for exemption and right of inspection and entry

  A person conducting activities covered by this subchapter shall:

(1)   Maintain on-site or at other locations available to authorized representatives of the Department and the Secretary information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages and a copy of the exemption application and exemption approved by the Department.

(2)   Notify the Department upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

(3)   Conduct operations in accordance with the approved application or when authorized to extract coal under Section 460:20-4-4 (b) or Section 460:20-4-4 (e) (3) prior to submittal or approval of an exemption application, in accordance with the standards of this Subchapter.

(4)   Authorized representatives of the Department and the Secretary shall have the right to conduct inspections of operations claiming exemption under this Subchapter.

(5)   Each authorized representative of the Department and the Secretary conducting an inspection under this Subchapter;

(A)   Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

(B)   may, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and

(C)   Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site.

(6)   No search warrant shall be required with respect to any activity under paragraphs (4) and (5) of this section, except that a search warrant may be required for entry into a building.

[Source: Added at 11 Ok Reg 4225, eff 7-25-94]